Design and Trademark Pending Numbers
Design Pending Numbers relate to the SHAPE / CONFIGURATION of a product, whereas Trademark Pending Numbers relate to the BRAND (e.g. word mark or logo). Although trademarks need not be "new" at the time of applying for a Trademark Pending Number, the shape, pattern or configuration of a product (or ornamentation applied thereto) must be new to file a Design Pending application.
To stamp products "DESIGN PENDING" or "TRADEMARK PENDING":
- Login to the Iptica filing system
- Select either the design or trademark option
- Complete the application form
- Pay $99
Click to see an example of the completed form:
Design
Tip: When filing a Design Pending application, upload at least one photo of the product. By using photos instead of drawings, a Design Pending application takes only a couple of minutes to file.
Trademark
A Design or Trademark Pending Number will be issued within a business day of payment. Then, associate the "DESIGN PENDING" / "TRADEMARK PENDING" stamp with your "PATENT PENDING" stamp ‐ not only are Design and Trademark Pending Numbers useful for Quirky marketing campaigns; they also increase the deterrence effect.
Unlike Patent Pending Numbers, which last for 12 months, Design and Trademark Pending Numbers expire after 6 months.
What next?
Design and Trademark Pending Numbers are easily converted into registered designs and trademarks worldwide. However, these foreign registrations should be filed within the 6 month Pending period. Should you fail to file foreign registrations within this 6 month period you should still be able to file: foreign Design registrations in Europe, the US, Canada and Russia for a further 6 months; and foreign Trademark registrations worldwide, provided that no‐one has in the interim filed a confusingly similar mark in a similar class.
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